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Similar to Charles Krugels 2009 PowerPoint for Labor & Employment Law & HR Seminars (20)
Charles Krugels 2009 PowerPoint for Labor & Employment Law & HR Seminars
- 1. Human Resources/
Human Capital
The management of
employees as if they’re a
capital asset.
Macro HR-Big picture; what
HR means to your company.
Micro HR-How you execute
the big picture stuff. How you
translate the meaning of HR
to your everyday workplace.
© 2006-2009 Charles A. Krugel; A
- 2. Labor & Employment
Law
This is the branch of HR/
HC which regulates the
workplace via
law/legislation.
It’s the government
regulating the workplace;
trying to level the playing
field for all people of all
races, creeds, etc.
© 2006-2009 Charles A. Krugel; A
- 3. Preventive/Proactive
HR vs. Reactive HR
Generally, focusing on HR & HR
related issues before or as they
arise is cheaper & easier then
focusing on them after they occur.
Statistics as well as personal
experience supports this.
© 2006-2009 Charles A. Krugel; A
- 4. Factors Affecting How Labor &
Employment Laws are Created,
Administered & Enforced
• Economy
• Lawyers, Judges, Arbitrators,
Mediators, Juries
• Business & Trade Associations,
Chambers of Commerce
• Lobbyists, Political Groups &
Associations
• Voters
• Labor unions & employee groups
& associations
• Community, civil rights, social
services & faith based groups &
associations
• Global business concerns
© 2006-2009 Charles A. Krugel; A
- 5. $$$
• It all boils down to money—
how much, to whom does it go
to, when, where, why.
• When you can sufficiently
determine how much an
employment action (or non-
action) will cost, then you can
better determine what to do (or
not do).
© 2006-2009 Charles A. Krugel; A
- 6. Employment Agreements
Reasons to use EAs include:
Discouraging some sort of employee conduct, or to
define rights, benefits, conditions & terms of employment;
Pre-hire, post-hire (e.g., severance, separation), during
employment (e.g., promotions, demotions & waiver of any
legal or statutory rights.
When considering whether to use such an agreement, a
business should determine the following:
What employee/ex-employee conduct is being managed?
What’s being protected? How much is it worth?
What will it cost to enforce the agreement in case of
breach? What are the actual and foreseeable damages
due to breach?
How much is lost vs. saved or gained by using these
agreements? It’s all about the money.
Will this be a stand-alone agreement or part of the
business’ normal operations? Should the language and
format of the agreement reflect the business’ employment
policies in tone and language, or is it completely isolated?
© 2006-2009 Charles A. Krugel; A
- 7. Potential Cost of a Labor &
Employment Law Dispute
• Costs $5k to train 200 employees at $25
each on employment issues like
harassment & discrimination
• If this company is sued, it costs about
$155k to litigate case & $85k to settle
BUT
• If same company doesn’t train employees
& is sued, it costs about $960k to litigate
& $300k to settle
Above according to Jury Verdict Research’s 2004 Statistics
© 2006-2009 Charles A. Krugel; A
- 8. 3 Things Which Will
Help Prevent Disputes
• “Golden Rule”—Treat others
as you’d like to be treated.
• Pay your employees on time &
accurately.
• Communicate with employees;
don’t blow off problems/issues/
questions/concerns.
© 2006-2009 Charles A. Krugel; A
- 9. 2009-2010 Labor & Employment
Trends Outlook 1/2
• It’s not good! Greater sense of
uneasiness (Except for labor &
employment attorneys!)
• Unemployment of 10% & up in
Illinois & maybe nationwide
• Greater local & state enforcement
of employer taxes & fees (e.g.,
overtime, classification,
immigration)
• More union organizing activity—but
unions still less successful @
organizing & negotiating; but,
they’re more agitating/provoking
© 2006-2009 Charles A. Krugel; A
- 10. 2009-2010 Labor & Employment
Trends Outlook 2/2
• Greater employee & workforce
contentiousness (us vs. them)
• Shrinking Retirements
Benefits/Funds
• Reductions in Force (RIFs)
– Means More Protected Class
Disputes Especially Age
© 2006-2009 Charles A. Krugel; A